IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11116 OF 2025 Between: Kunchala Hare Ram @ Hari, S/o. Veerabhadrudu, aged about 36 years, R/o. Jalampalli Village and Panchayat, V. Madugula Mandal, Anakapalli District, A.P. Petitioner/Accused No.4 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Section 437 & 439 of Cr.P.C/ 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminalPetition the High Court may be pleased to enlarge the Petitioner/Accused No.4 on bail pending disposal of Crime No.03/2025 of G. Madugula P.S., Alluri Sitharama Raju District; The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. GOLLAPALLI MAHESWARA RAO, Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following: APHC010573372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11116/2025 Between: Kunchala Hare Ram Alias Hari ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.4 on bail in Crime No.03 of 2025 of G. Madugula Police Station, Alluri Sitharama Raju District, registered against the Petitioner/Accused No.4 herein for the offence punishable under Sections read with 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the allegation against the Petitioner/Accused No.4 is that he indulged in dealing with 60 Kgs of ganja, which constitutes a commercial quantity. After thorough investigation, a charge sheet has been filed. Except for the confessional statements of Accused Nos.1 and 2, there is no other material available against Petitioner/Accused No.4. It is alleged per the versions of Accused Nos.1 and 2, that Petitioner/Accused No.4 purchased 60 Kgs of ganja from Accused No.5. Accused No.5 is still absconding. The Petitioner/Accused No.4 was arrested on 14.08.2025 and has been in judicial custody for the past 103 days. No adverse or similar criminal antecedents have been .reported against him. The Petitioner/Accused No.4 is a permanent resident of Jalampalli Village, V. Madugula Mandal, Anakapalli District, and has a fixed place of abode. If the Petitioner/Accused No.4 is enlarged on bail, he would not evade the process of law. Since the charge sheet has already been filed, there is no question of the Petitioner/Accused No.4 threatening witnesses, tampering with evidence hampering the investigation. No petition has been filed seeking custodial interrogation of the Petitioner/Accused No.4. It is likely to take considerable time for the trial Court to take up the matter for disposal after the arduous exercise of trial. Keeping the Petitioner/Accused No.4 in judicial custody until such time would not serve any purpose. as or 3 Considering the facts and circumstances of the case, the nature and gravity of allegation levelled against the Petitioner/Accused No.4, this Court is inclined to enlarge the Petitioner/Accused No.4 on bail with the following 4. stringent conditions: The Petitioner/Accused No.4 shall be enlarged on bail subject to his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial I Class Magistrate, Paderu. I. The Petitioner/Accused No.4 shall appear before the Station House Officer, G. Madugula Police Station, Alluri Sitharama Raju District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court, iii. The Petitioner/Accused No.4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. The Petitioner/Accused No.4 shall not commit or indulge in commission of any offence in future. The Petitioner/Accused No.4 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officeras and when required. The Petitioner/Accused No.4 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. The Petitioner/Accused No.4 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. II. IV. V. VI. VII. Accordingly, the Criminal Petition is allowed. 5. SD/- G.HELANAIDU DEPUTY RECy STRAR SECTION OFFICER //true COPY// To, 1. The Judicial I Class Magistrate, Paderu. 2. The I Additional District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District. 3. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam District. 4. The Station House Officer, G. Madugula P.S., Alluri Sitharama Raju District. 5. One CC to Sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 6. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 7. One spare copy JSS HIGH COURT DR.YLR, J DATED:25/11/2025 BAIL ORDER CRLP.No.11116of 2025 ALLOWED